Labour Court Database __________________________________________________________________________________ File Number: CD90123 Case Number: LCR12902 Section / Act: S67 Parties: ROCHES STORES - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim by the Union on behalf of 4 skilled workers employed in the Fresh Meat and Provisions Department for the introduction of a special rate of pay.
Recommendation:
5. Having regard to the way the pay rates developed in this store
and to the particular working arrangements which apply in Galway,
the Court does not find grounds to concede the Union's claim.
Division: CHAIRMAN Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD90123 RECOMMENDATION NO. LCR12902
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROCHES STORES
(Represented by the Federation of Irish Employers)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim by the Union on behalf of 4 skilled workers employed in
the Fresh Meat and Provisions Department for the introduction of a
special rate of pay.
BACKGROUND:
2. The Union claims that a special rate of pay should apply in
the Fresh Meat and Provisions Department because of the extra
skills that are required in this Department. The Union are
claiming that the rates applying in Quinnsworth should be applied
to the 4 workers concerned (see Appendix 1). The Company has
rejected the claim on the basis that it pays the drapery rate
throughout the store and there is total interchangeability of all
staff. As agreement could not be reached locally the matter was
referred on 15th September, 1989, to the conciliation service of
the Labour Court. No agreement was reached at a conciliation
conference held on 21st November, 1989, and the matter was
referred to the Labour Court on 9th March, 1990, for investigation
and recommendation. The Court investigated the dispute on 17th
May, 1990, in Galway.
UNION'S ARGUMENTS:
3. 1. The basis for the Union's claim is the special skills
that are required of the 4 workers concerned. In all other
outlets of the Group, the rate paid to workers in this
particular Department is higher than the maximum of the
in-store scale.
2. A similar claim was served on Quinnsworth in 1984. This
claim finally went to arbitration and the arbitrator
recommended an increase for the workers in question. This
recommendation was made specifically on the skill and
responsibility difference between the butchery and provisions
staff and other staff, so no possible anomaly could be created
by it. (Details provided to the Court).
3. 3. The Union initially claimed an increase which would
provide for a differential of #8 at the maximum point of the
scale. In an effort to settle the matter the Union is now
claiming a rate equivalent to the Quinnsworth rate. This
provides for a modest increase of #2.72 at Point 6 of the
scale and #5.19 at Point 7.
COMPANY'S ARGUMENTS:
4. 1. When the store originally opened in 1976, it was agreed
with the Union that all sales staff would be one category of
Sales Assistants. It was further agreed that the drapery rate
would apply to all assistants, even though the grocery rate,
which is lower than the drapery rate, could have been applied
to the Supermarket Department staff. As a result of this the
Supermarket Department staff are currently earning #11.88 on
the top point above the grocery rate applying to the Company's
competitors.
2. The Union is being selective in singling out certain
staff in the Fresh Meat and Provisions Department. It would
be divisive and contrary to the agreement made with the Union
when the store opened to single out certain staff and pay them
in excess of others in the same category.
3. If the Union's claim is conceded the logical conclusion
is that there should be different categories of assistants and
that the supermarket Department staff should in future have
their wages cut to the trade grocery rate.
4. The Company does not accept that the staff concerned
require specialist skills warranting payment in excess of
their colleagues in other departments. All staff require
certain physical and social skills to carry out their duties
to the required standard. All staff working in the Provisions
Departments in the Company's other supermarkets are paid the
sales assistants rate.
5. The question of a special rate for Provisions Department
staff in the Company's Limerick store was the subject of a
previous Labour Court investigation. In Labour Court
Recommendation No. 9912, the Court rejected the claim.
RECOMMENDATION:
5. Having regard to the way the pay rates developed in this store
and to the particular working arrangements which apply in Galway,
the Court does not find grounds to concede the Union's claim.
~
Signed on behalf of the Labour Court
Kevin Heffernan
7th June, 1990 ----------------
B O'N/U.S. Chairman
APPENDIX 1
Roches Stores Quinnsworth
Galway (Fresh Meat and Provision
Year Non Commission (Fresh Meat and Provision
Rate Skilled Rate)
------------------------------------------------------------------
1st #106.76 #102.81
2nd #110.24 #113.50
3rd #117.29 #116.02
4th #146.59 #145.85
5th #151.56 #151.72
6th #160.68 #163.40
7th #174.06 #179.25